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STANDARD DRUG CO. v. GENERAL ELECTRIC CO.

117 S.E.2d 289 (1960)

202 Va. 367

STANDARD DRUG COMPANY, Incorporated, v. GENERAL ELECTRIC COMPANY.

Supreme Court of Appeals of Virginia.

Rehearing Denied January 16, 1961.

Attorney(s) appearing for the Case

George E. Haw and Robert A. Cox, Jr., Richmond (George E. Haw, Jr., LeRoy R. Cohen, Jr., Haw & Haw, Richmond, Cohen, Cox & Kelly, Richmond, on the brief), for plaintiff in error.

Walter E. Rogers, Richmond (T. E. Munson, Cleveland, Ohio; Williams, Mullen, Pollard & Rogers, Richmond, on brief), for defendant in error.

Morton L. Wallerstein and Henry T. Wickham, Richmond, on brief, for Virginia Farm Equipment Assn., Virginia Jewelers Assn., Virginia Pharmaceutical Assn., Virginia Retail Hardware Assn., and Virginia Retail Merchants Assn., amicus curiae.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.

MILLER, Justice.

A motion for a declaratory judgment under § 8-578, et seq., Code 1950, was filed by Standard Drug Company, Incorporated, a Virginia corporation, against the General Electric Company, a New York corporation authorized to do business in Virginia. The object of the proceeding was to have the court declare the Fair Trade Act, Code, § 59-8.1 et seq., unconstitutional and invalid, and adjudicate that General Electric may not fix the retail prices...

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